The Allahabad High Court in its recent order has come down heavily on the Uttar Pradesh state authorities for not considering the case of a rape accused for remission despite the fact that he spent over 19-years in jail (more than 21 years with remission), reported Livelaw.
The man has been now acquitted by the High Court.
In October 2003, an accused man was convicted u/s 376 IPC r/w Section 3 (2) (v) of SC/ST Act by the Special Judge (SC/ST Act), Kanpur Dehat. Subsequently, he was sentenced to imprisonment for life.
In 2004, the convict moved an appeal before the High Court, however, as per the order sheet, the matter was listed only after few years and the delay came to be condoned in the year 2008.
Between 2008 to 2022, the case was not listed at all.
Allahabad High Court
The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi expressed its anguish over the failure of the registry to list the appeal for 14-long years between 2008 to 2022.
The Court then went ahead to direct the Registrar (Listing) to impress upon the officer concerned to follow the decision of the Court in Vishnu v. State of UP which are yet not being followed as even after 2021, the matters are not being listed.
The bench stated,
Non-considering the cases of accused for remission seems to be the natural administrative conduct of the officers and the jail authority. We once again pained to show our anguish.
His case has not been considered for remission by the jail authorities though 14-years of incarceration is over and there are directions of the Apex Court and this Court.
Even if there is no direction of the Courts, under Section 433 of Cr.P.C. the authorities concerned are under an obligation to consider the case of the accused for remission.
On February 25, 2022, while expressing its concern about the long pendency of criminal appeals before the Allahabad High Court laid down some broad parameters that can be adopted by the High Court while granting bail.
Accused Acquitted After 19-Years in Jail
The High Court went through the facts on record and noted that the evidence of the doctor and the medical report does not show presence of any spermatozoa, though the prosecutrix (after lodging of FIR) was directly taken from police station for medical examination. The Court also noted that no injuries were found on victim’s body, which was improbable in the circumstances as narrated by the victim. Overturning the sessions court order, the high court acquitted the accused while concluding,
The important aspects are non founding of spermatozoa and non finding of any kind of injuries which would permit us to upturn the judgment of learned Sessions Judge. There is no finding as far as commission of offence under Section 3 (2) (v) of SC/ST Act.
Only on the ground that the prosecutrix and her family members belong to a particular community, can it be said that the offence has been committed? The answer is, No.
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Allahabad HC Acquits Man In Rape & SC ST Case After He Spends 19YRS In Jail
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